IN RE GREGORY L.

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 FILED BY CLERK AUG 19 2011 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO IN RE GREGORY L. ) ) ) ) ) ) ) ) 2 CA-JV 2011-0051 DEPARTMENT B MEMORANDUM DECISION Not for Publication Rule 28, Rules of Civil Appellate Procedure APPEAL FROM THE SUPERIOR COURT OF PINAL COUNTY Cause No. S1100JV200700437 Honorable Brenda E. Oldham, Judge Honorable Craig A. Raymond, Judge Pro Tempore AFFIRMED Kessler Law Offices By Eric W. Kessler Mesa Attorney for Minor K E L L Y, Judge. ¶1 In October 2010 the minor Gregory L. admitted allegations of criminal trespass made in an amended delinquency petition, based on his having stolen a video game console and its accessories. After admitting he had violated the terms of his current term of probation for a second time in May 2011, the court ordered Gregory committed to the Arizona Juvenile Department of Corrections for a determinate term of [six] months. ¶2 Counsel has filed an Affidavit stating he has reviewed the trial court proceedings in this matter, including the trial court transcripts and is unable to develop any non-frivolous issues to raise on appeal. Counsel apparently and erroneously believed that such an affidavit, allowed in an adoption, dependency, guardianship or severance matter, Ariz. R. P. Juv. Ct. 106(G), was appropriate in a juvenile delinquency matter. Although it is not, juveniles are entitled to an appeal like that allowed by Anders v. California, 386 U.S. 738 (1967) where there has been a finding of delinquency resulting from underlying criminal activity. In re Maricopa County Juv. Action No. JV117258, 163 Ariz. 484, 486, 788 P.2d 1235, 1237 (App. 1989), and we therefore construe counsel s filing as such. ¶3 Viewed in the light most favorable to upholding the juvenile court s orders, see In re John M., 201 Ariz. 424, ¶ 7, 36 P.3d 772, 774 (App. 2001), the evidence shows Gregory first entered the juvenile court system at age thirteen. He was subsequently adjudicated delinquent on a theft charge and the instant criminal trespass charge, violated his probation on multiple occasions, and failed to comply with the terms of both standard and intensive probation. ¶4 Pursuant to our obligation under Anders, we have reviewed the record in its entirety. A factual basis supported Gregory s admission to the state s allegation that he had tested positive for marijuana usage in violation of the terms of his probation, and we find no error in the juvenile court s conclusion that Gregory made his admission knowingly, intelligently, and voluntarily. Finding no reversible error and no arguable 2 issue warranting further appellate review, see Anders, 386 U.S. at 744, we affirm the court s adjudication, probation-revocation, and disposition order. /s/ Virginia C. Kelly VIRGINIA C. KELLY, Judge CONCURRING: /s/ Garye L. VÃ¡squez GARYE L. VÃ SQUEZ, Presiding Judge /s/ Philip G. Espinosa PHILIP G. ESPINOSA, Judge 3

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